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Gram Panchayat

§12

Summary

412. (1) (a) There shall be established, for every Panchayat area, a Gram Pranchayat hearing the name of the Panchayat area. (b) Every Gram Panchayat shall be a body corporate. (c) A Gram Panchayat shall consist of a Pradhan and, in the case of a Panchayat area having a population of- (i) 5up to one thousand, nine members; (ii) more than one thousand but not more than two thousand, eleven members; (iii) more than two thousand but not more than three thousand, thirteen members; or (iv) more than three thousand, fifteen members. (d) For the purpose of election of members of Gram Panchayat every Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the member of seats allotted to it shall so far as practicable be the same throughout the Panchayat area. (e) Each territorial constituency of a Gram Panchayat shall be represented by one member in the Gram Panchayat. 1[(f) The territorial constituencies of a Gram Panchayat may be delimitated in the prescribed manner and, if necessary, rules in the regard may be made with retrospective effect from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] (2) 2x x x (3) (a) A Gram Panchayat shall, unless sooner dissolved under clause (f) of sub-section (1) of section 95, continue for five years from the date appointed for its first meeting and no longer; (b) An election to constitute a Gram Panchayat shall be completed- (i) before the expiry of its duration specified in clause (a) ; (ii) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months. It shall not be necessary to hold any election under this sub section for constituting the Gram Panchayat. (c) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under clause (a) had it not been so dissolved. (d) The constitution of a Gram Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat shall be deemed to have been duly constituted, any vacancy therein not withstanding : Provided that the constitution of a Gram Panchayat shall not be so notified till the Pradhan and at least two-thirds of the members of the Gram Panchayat have been elected. 1[ (3-A) Notwithstanding anything contained in any other provisions of this Act, where, due to unavoidable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorized by it in this behalf may, by order, appoint an administrative committee consisting of such number of persons qualified to the elected as members of the Gram Panchayat, as it may consider proper or an Administrator and the members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administration, as the case may be.] (4) The term of a member of Gram Panchayat shall, unless otherwise determined under the provisions of this Act, expire with the term of the Gram Panchayat. (5) (a) In every Gram Panchayat, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the backward classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats in the Gram Panchayat, as the population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area or of the backward classes in the Panchaayat area bears to the total population of such area and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed : Provided that the reservation for the backward classes shall not exceed twenty-seven per cent of the total number of seats in the Gram Panchayat : 2[ Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the prescribed manner.] (b) Not less than one-third of the seats reserved under clauses (a) shall be reserved for the women belonging respectively to the Scheduled Castes, the Scheduled Tribes and the backward classes. (c) Not less than one-third of the total number of seats in a Gram Panchayat, including the number of seats reserved the women under clause (b), shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed. (d) The reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. Explanation- It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes and the women from contesting election to unreserved seats. (6) The Pradhan shall be deemed a member of the Gram Panchayat.1

412. (1) (a) There shall be established, for every Panchayat area, a Gram Pranchayat hearing the name of the Panchayat area. (b) Every Gram Panchayat shall be a body corporate. (c) A Gram Panchayat shall consist of a Pradhan and, in the case of a Panchayat area having a population of- (i) 5up to one thousand, nine members; (ii) more than one thousand but not more than two thousand, eleven members; (iii) more than two thousand but not more than three thousand, thirteen members; or (iv) more than three thousand, fifteen members. (d) For the purpose of election of members of Gram Panchayat every Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the member of seats allotted to it shall so far as practicable be the same throughout the Panchayat area. (e) Each territorial constituency of a Gram Panchayat shall be represented by one member in the Gram Panchayat. 1[(f) The territorial constituencies of a Gram Panchayat may be delimitated in the prescribed manner and, if necessary, rules in the regard may be made with retrospective effect from a date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994] (2) 2x x x (3) (a) A Gram Panchayat shall, unless sooner dissolved under clause (f) of sub-section (1) of section 95, continue for five years from the date appointed for its first meeting and no longer; (b) An election to constitute a Gram Panchayat shall be completed- (i) before the expiry of its duration specified in clause (a) ; (ii) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months. It shall not be necessary to hold any election under this sub section for constituting the Gram Panchayat. (c) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Gram Panchayat would have continued under clause (a) had it not been so dissolved. (d) The constitution of a Gram Panchayat shall be notified in such manner as may be prescribed and thereupon the Gram Panchayat shall be deemed to have been duly constituted, any vacancy therein not withstanding : Provided that the constitution of a Gram Panchayat shall not be so notified till the Pradhan and at least two-thirds of the members of the Gram Panchayat have been elected. 1[ (3-A) Notwithstanding anything contained in any other provisions of this Act, where, due to unavoidable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorized by it in this behalf may, by order, appoint an administrative committee consisting of such number of persons qualified to the elected as members of the Gram Panchayat, as it may consider proper or an Administrator and the members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such Administrative Committee or the Administration, as the case may be.] (4) The term of a member of Gram Panchayat shall, unless otherwise determined under the provisions of this Act, expire with the term of the Gram Panchayat. (5) (a) In every Gram Panchayat, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the backward classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats in the Gram Panchayat, as the population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area or of the backward classes in the Panchaayat area bears to the total population of such area and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed : Provided that the reservation for the backward classes shall not exceed twenty-seven per cent of the total number of seats in the Gram Panchayat : 2[ Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the prescribed manner.] (b) Not less than one-third of the seats reserved under clauses (a) shall be reserved for the women belonging respectively to the Scheduled Castes, the Scheduled Tribes and the backward classes. (c) Not less than one-third of the total number of seats in a Gram Panchayat, including the number of seats reserved the women under clause (b), shall be reserved for women and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed. (d) The reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. Explanation- It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes and the women from contesting election to unreserved seats. (6) The Pradhan shall be deemed a member of the Gram Panchayat.1

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